Unexpected CCJ - Now won and claim dismissed!

Mathmagician

Of course doh! Thank you

Coupon-mad

No need to restrict yourself to the 5 linked cases. Do the search I suggest, and change results displayed to NEWEST.

Mathmagician

Well, just got back from set aside hearing.
Got the set aside, interesting the judge thought it was discretionary not mandatory.
It was a no to getting the original case thrown out because the judge thought I'd be unlikely to win the actual case. 
I got my costs for applying for the set aside.

The judge seemed surprised I felt the monies claimed were inflated and didn't want to engage with anything that wasn't in my original WS. Didn't need to print the Beavis case After all.

Still I'll take the win for now.

Coupon-mad

Mathmagician said:

Well, just got back from set aside hearing.
Got the set aside, interesting the judge thought it was discretionary not mandatory.
It was a no to getting the original case thrown out because the judge thought I'd be unlikely to win the actual case. 
I got my costs for applying for the set aside.

The judge seemed surprised I felt the monies claimed were inflated and didn't want to engage with anything that wasn't in my original WS. Didn't need to print the Beavis case After all.

Still I'll take the win for now.

Daft Judge re not understanding that this is a mandatory set aside situation but hey you got there and got your costs, so he/she must have felt the Claimant had acted unreasonably.

Odd that the Judge thought you'd be "unlikely to win the actual case" yet granted a discretionary CCJ set aside. Odd!

Often rookie Judges seem to do the application hearings and have little experience of parking claims.  Better Judges normally do the second hearings.

Presumably the C has been ordered to pay you £275 (great!) and you now have a short deadline to produce a defence?

Mathmagician

Yes the judge awarded the 275 paid within 14 days.

The company didn't attend and didn't even send anything over to the court, although they had sent me a witness statement. When I forwarded the email confirming their non attendance to the usher I stupidly gave away that a witness statement existed. If I hadn't hadn't done that I might have been able to argue more strongly to have it cast out.

The judge allocated it to the small claims track as requested by the other side. He allocated their WS from the set aside hearing to the next hearing, again as they requested.
I don't yet have the order but what he said doesn't make sense with hindsight. He said they had 14 days, then I would have 14 days to enter a defence. I don't have a claim form at this stage.

Coupon-mad

OK wait for the Order. It will say your deadline.

Mathmagician

Am I supposed to also send a copy of the WS to the claimant?

Coupon-mad

Yes if you are now filing a WS against the claim.  What exactly has the Judge put in the Order?

Mathmagician

2) The Defendant to file and serve a Witness Statement by 4pm 5th August 2024.
3) Each party must deliver to the other party and to the Court Office copies of all documents on which that party intends to rely at the hearing no later than twenty-eight days before the hearing. 

The hearing is on the 1st of October

Mathmagician

Ah damn, I've dropped the ball it was supposed to be with both the court and the claimant and I only sent it to the court. Have sent a copy to the solicitor now.